Latest TPP leak shows systemic threat to software freedom

Key congressional leaders have just agreed on a deal to
fast track the fast-tracking of TPP. While the threat of TPP has
persisted for years, now is the time to fight back!

On March 25th, 2015, Wikileaks released a leaked chapter of the
ongoing Trans-Pacific Partnership (TPP) negotiations, the
multinational trade agreement that is being developed through a
series of secret negotiations and aims to create a host of new
restrictions. We here at the FSF have been fighting against TPP
for years, as it represents the threat of a world dominated by
DRM, software patents, and perpetual copyright.

The latest leaked chapter on investments lays out changes to a
system of supra-national courts known extrajudicial
investor-state dispute settlement (ISDS) tribunals. For years,
these courts have enabled large companies to sue
democratically-elected governments over policies that these
corporations oppose. For example, Big
Tobacco
has used the system to block or obstruct health laws intended to
reduce smoking in countries around the world.

While all of this is bad news in general, one provision in the
leaked document presents a particular threat to software
freedom. Holders of copyright, patent, and other proprietary
interests are now included in the definition of "investor." Given
the destructive nature of these provisions, the fact that
proprietary developers could use them to interfere with local
government protections of users' rights is cause for alarm.

But the damage doesn't stop there. The leaked provisions further
clarify that these supranational courts would have jurisdiction
over compliance with many of the worst provisions of TPP. That
means that a proprietary developer could get a second shot at a
case where they didn't like the initial outcome, potentially
overturning a ruling on fair use, for example. Any country that
tries to implement sane copyright and patent policy via their
legislature or courts could be dragged into this sham tribunal to
have that policy overturned.